1. The plaintiff's appeal and the first preliminary claim added by this court are all dismissed.

2.The addition is made by this court.

1. Summary of the plaintiff's assertion

A. On October 7, 2009, the Plaintiff, along with C, D, and E, sold the sales price of KRW 400 million for H among the commercial buildings newly constructed in F Co., Ltd. (hereinafter “Nonindicted Company”) and Seo-gu Daejeon, Daejeon, for the sale price of KRW 3890 square meters for H, and paid in full.

At the time, the payment of the sale price was first made to the Plaintiff and the K K company jointly operated by the Plaintiff, C, D, and E due to the cost of withdrawal of the auction of the instant land, etc., and the Plaintiff loaned KRW 400 million to the non-party company (actual representative I). The Plaintiff remitted KRW 100 million to the above K company’s account, and the loan was substituted by the respective sale price.

However, the actual representative I of the non-party company was unable to construct a commercial building by transferring the ownership of the land of this case to the J, a private village under a title trust on or around March 2014, and the contract was cancelled and the actual representative I promised that the non-party company would pay to the plaintiff the total amount of KRW 130 million. Since the non-party company is the same as the non-party company, the defendant is obligated to pay the above money that the non-party company promised to pay to the plaintiff, and the refusal by the defendant is against the good faith principle because it constitutes abuse of corporate personality.

B. As seen in the first preliminary claim, as the sales contract concluded between the Plaintiff and the non-party company was cancelled due to impossibility of performance, the non-party company is obligated to return the amount of KRW 100 million received as sales price to the Plaintiff as unjust enrichment. The Defendant is the same company as the non-party company, and the non-party company is obligated to pay the above money to the Plaintiff. The

C. As such, the Plaintiff has a claim of KRW 130 million (the primary claim) or KRW 100 million (the primary claim) against the non-party company, and the non-party company is a company.